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Home » Lee's Summit City Updates » Charter Review 2016-17 » Charter Review Minutes, Aug 2, 2016

Charter Review Minutes, Aug 2, 2016

Charter Review Minutes, Aug 2, 2016

ACTION LETTER
CITY CHARTER REVIEW COMMISSION 
COUNCIL COMMITTEE ROOM

5:30 p.m., August 2, 2016

Members present for roll call: Mike Atcheson, John Beaudoin, Gladys Bratton, Lenny Cacchio, Brad Cox, Michael Dayton, Fred DeMoro, Paula Derks, Jose Ruiz, Terry Trafton, Ron Williams

Members absent for roll call:  Jim Devine

Staff Liaisons present:  Brian Head, Denise Chisum, Stacy Lombardo

Call to Order: The August 2, 2016, City Charter Review Commission was called to order by Chairman Bratton, at 5:32 p.m. at City Hall, 220 SE Green Street, in the Council Committee Room. Notice had been provided by posting the meeting notice with a tentative agenda, at least 24 hours in advance of the meeting, at both entrances into City Hall.  A copy of the agenda was also placed on the City’s Web site.

Roll Call:

1. Approval of July 19, 2016, Action Letter.

On motion of Vice Chairman Williams and second by Commissioner Beaudoin, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) for approval of the Action Letter for July 19, 2016.  Motion passed.

2. Public Comments - None
(This is an opportunity for the audience to address the Commission on any items not on the agenda.)

3. Commission Comments – None

4. Discussion of Articles
A. ARTICLE IX. DECLARATION OF CANDIDACY AND ELECTIONS
1) Section 9.1 Municipal Elections –
 Section 9.1 (a) – No discussion
 Section 9.1 (b) – No discussion
 Section 9.1 (c) – Discussed non-partisan elections and conduct of candidates.
 Section 9.1 (d) – Discussed the definition of qualified voter

On motion of Commissioner DeMoro and second by Commissioner Cox, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article IX, Section 9.1 (a, b, c & d) as written with no amendments. Motion passed.

2) Section 9.2 Declaration of Candidacy – Discussed penalties

On motion of Vice Chairman Williams and second by Commissioner Dayton, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article IX, Section 9.2 as written with no amendments. Motion passed.

3) Section 9.3 Determination of Election Results – Discussed certification vs. receipt of certification.

On motion of Vice Chairman Williams and second by Commissioner Derks, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article IX, Section 9.3 with an amendment to now read “The Council shall canvass the election returns and declare the results of any municipal election, regular or special, at the next regularly scheduled Council meeting following receipt of certification of the election returns by the respective verification board of each county. The candidate receiving the highest number of votes for each office shall be declared elected and inducted into office at that time.Motion passed.

4) Section 9.4 City Council Districts – Discussed the number of districts.

On motion of Commissioner Derks and second by Commissioner Dayton, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article IX, Section 9.4 as written with no amendments. Motion passed.

B. ARTICLE X.  INITIATIVE, REFERENDUM AND RECALL
Denise Chisum, City Clerk, provided a handout with recommended clerical changes. She was asked questions about past petitions and recalls. Article X would be put on the ballot as one question and not broken out into individual sections.

1) Section 10.1 General Authority – Discussed the sequencing of Section 10.1 (a-1, a-2 & a-3). Section (a-1) and (a-2) need to be switched.

2) Section 10.2 Commencement of Proceedings; Petitioners’ Committee; Notarized Affidavit – Discussed the addition of a section requiring a committee affidavit related to a referendum shall be filed no later than fourteen days after adoption by the city council of the ordinance sought to be reconsidered.

3) Section 10.3 Petitions – Discussed the percentages of qualified voters registered to vote that is needed for an initiative, referendum and recall.

4) Section 10.4 Procedure After Filing – Discussed the proposed change to section
10.4 (a-5) to change “within five business days” to “within ten business days” after the supplement petition is filed.

5) Section 10.5 Referendum Petitions; Suspension of Effect Ordinance – No discussion

6) Section 10.6 Action on Initiative, Referendum and Recall Petitions – No discussion

7) Section 10.7 Results of Election – No Discussion

On motion of Commissioner Atcheson and second by Commissioner Dayton, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article X, Sections 10.1, 10.2, 10.3, 10.4, 10.5, 10.6 and 10.7 with proposed amendments. Motion passed.

C. ARTICLE XI.  FINANCIAL PROCEDURES
1) Section 11.1 Fiscal Year – No Discussion

2) Section 11.2 Submission of Budget and Budget Message – No Discussion

3) Section 11.3 Budget – No Discussion

4) Section 11.4 Capital Program – Discussed tying Capital Improvement Plan to city goals to see why expenditures are made.

Reminder: City Attorney and Finance Director to review Article XI to ensure compliance with state procedural requirements.

On motion of Commissioner Trafton and second by Commissioner Atcheson, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article XI, Sections 11.1, 11.2, 11.3 and 11.4 as written with no amendments. Motion passed.

5) Section 11.5 Council Action on Budget – Mr. Conrad Lamb, Director of Finance reported that the charter follows state statute. He was asked to give a quick overview of tax rates, tax growth and how it is calculated.

6) Section 11.6 Public Records – Discussed the uncertain future of newspapers and the requirement in this section of the charter to publish in one or more newspapers.

On motion of Commissioner DeMoro and second by Commissioner Beaudoin, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article XI, Sections 11.5 and 11.6 with an amendment to Section 11.5 (a) and 11.6 to now read “The Council shall publish annually, in one or more newspapers of general circulation in the city or as otherwise provided by law, a summary accounting of the receipts and expenditures from the funds indicated.” Motion passed.

7) Section 11.7 Amendment After Adoption – No Discussion

On motion of Commissioner Beaudoin and second by Commissioner Dayton, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article XI, Section 11.7 as written with no amendments. Motion passed.

8) Section 11.8 Tax Rates and Tax Tolls – No Discussion

9) Section 11.9 Sale of Bonds – No Discussion

On motion of Vice Chairman Williams and second by Commissioner Atcheson, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article XI, Sections 11.8 and 11.9 as written with no amendments. Motion passed.

D. ARTICLE XII. FRANCHISES
1) Section 12.1 Granting of Franchises – Discussed business vs. calendar days

2) Section 12.2 Right of Regulation – No Discussion

3) Section 12.3 Temporary Permits – No Discussion

4) Section 12.4 Operation Beyond Franchise Period – No Discussion

On motion of Vice Chairman Williams and second by Commissioner Atcheson, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article XII, as written with no amendments. Motion passed.

E. ARTICLE XIII. LICENSING, TAXATION AND REGULATION OF BUSINESS, OCCUPATIONS, PROFESSIONS, VOCATIONS AND OTHER ACTIVIES OR THINGS
1) Section 13.1 Objects of Licensing, Taxation and Regulation – No discussion

On motion of Commissioner Atcheson and second by Commissioner DeMoro, the Commission voted unanimously 11-0 (Commissioner Devine “Absent”) to accept Article XIII, as written with no amendments. Motion passed.

5. Roundtable – Commissioner Beaudoin asked about the last charter commission and the date when those amendments were put on the ballot.

Adjournment: The August 2, 2016, City Charter Review Commission meeting was adjourned by Chairman Bratton at 7:27 p.m. at City Hall, 220 SE Green Street, Council Committee Room.

Action Letter by Stacy Lombardo, Public Works Administrative Assistant, Recorder.


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